Controversial Arbitration Decision

A sales manager at a Southern California Toyota dealership was fired four weeks before the expiration of his approved medical leave under the Moore-Brown-Roberti Family Rights Act, also known as Government Code Sections 129451 and 129452, or “CFRA”. The employer alleged they believed Avery Richey was working part time in a restaurant he owned while on leave. Richey sued alleging violation of his right to family leave. His claims went to arbitration under a mandatory agreement, which provided that the dispute resolution will be based upon the law governing the claims in the pleadings. The arbitrator denied Avery’s claim based on the Defendant’s honest belief or suspicion that he wasn’t entitled to the leave. That defense isn’t compatible with California statutes, regulations and case law, and deprived the Plaintiff of an unwaivable right to reinstatement under the law. The Second Appellate District Court vacated the award. Richey v. Autonation (CA2/7 234711 11/13/12)

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